In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
A restrictive or protective covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. For example, when a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded. Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be abandoned or not enforceable by estoppel if the restrictive covenants are violated openly for a sufficient period of time in order for a Court to declare that the restriction has been abandoned.
Restrictive Covenants By The Transferee In Michigan
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Sign and date the quitclaim deed in a notary's presence, then file it with the county Register of Deeds Office in the property's county, not the county where you live. Once the deed is filed and recorded, the transfer is deemed legal.
The board of directors of a Michigan homeowners association has a duty to enforce the various regulations contained in the restrictive covenants, declaration or deed restrictions as written, subject to limited exceptions.
And in Michigan, such covenants will generally be enforceable, provided that they are reasonable. Restrictive covenants are typically analyzed under the Michigan Antitrust Reform Act (“MARA”).
In order to enforce a restrictive covenant, an employer must demonstrate that the clause protects one of its legitimate business interests. Secondly, the employer must show that the clause is reasonable, and it only goes so far as is necessary protect a legitimate business interest of the employer.
(1) A property owner may record in the records of the register of deeds for the county where the property is located a discharge form to remove any prohibited restriction. (2) A discharge form recorded under this section may be executed solely by the property owner. History: 2022, Act 234, Imd.
You'll need to get consent, either from the governing body that set them — your city or HOA, for example — or from the other parties involved in the restriction, like neighbors. Removing them may involve filing paperwork with the county clerk or even presenting it to a judge.
A Michigan covenant deed transfers property title to another person with the warranty that the the seller is titleholder and has not encumbered the title during their ownership.
With a warranty deed, the grantor is warranting title against all prior claims - even claims that arose prior to the grantor acquiring title to the property. With a covenant deed (or "deed C") the grantor's warranty is limited to claims arising from the actions of the grantor.
A covenant deed is a document used by a grantor to transfer a property to a grantee. However, unlike other types of Michigan deeds, a covenant deed provides limited protection to the grantee, entailing that grantors are liable for any problems in the property only within the period of their ownership.